Hartlepool Borough Council and Another v Dolphin and others: EAT 15 Sep 2008

eat EQUAL PAY ACT: Material factor defence and justification
An Employment Tribunal did not err when it found that bonus schemes created in the 1970s in order to improve productivity were a sham and could not be used in justification as a genuine material factor to a claim of equal pay. The Tribunal erred in one respect when finding there was adverse disparate effect on women when they comprised 4 out of 28 workers in a relevant group and it had been submitted at the Employment Tribunal that this did not show a prima facie case of indirect discrimination. Appeals dismissed save for the above.

Citations:

[2008] UKEAT 0007 – 08 – 1509

Links:

Bailii

Citing:

CitedSecretary of State for Health v Rance EAT 4-May-2007
EAT Equal Pay Act – Part time pensions
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 19 July 2022; Ref: scu.276426